Section 77 — Enforcing the guardian supervision bond
English translation
In a case where the court has entrusted a child or juvenile to a person or organisation under section 74 (2) or (3), if that person or organisation fails to watch over the child or juvenile, the court may enforce payment of the sum of money fixed, or may change the conditions fixed under section 74 anew.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This provision, in Book 1 within the Title on Criminal Liability, is the enforcement mechanism for the supervision arrangements the court may make under section 74. It gives the guardian bond in section 74 (2) real teeth: if the person or organisation entrusted with the child fails to watch over the child, the court can enforce the money the guardian undertook to pay, or can rewrite the section 74 conditions to fit the changed situation. It applies to both the family or guardian placement under section 74 (2) and the placement with another person or organisation under section 74 (3). The section operates only where a section 74 measure was already imposed; it does not create a separate offence.
Why this matters in practice
For a parent or guardian who accepts custody of a child under a section 74 bond, this section is the sanction if they let the child re-offend or cause fresh harm: the court can call in the money they promised or tighten the conditions. The exposure is the sum the court set at the time of the original order, payable on each occasion the child causes harm. Anyone taking on such a bond should understand the financial commitment before agreeing to supervise, and should keep records showing genuine efforts to control the child.
Frequently asked questions
What happens if a guardian fails to supervise a child placed by the court?
Under section 77, if the person or organisation entrusted with the child under section 74 (2) or (3) fails to watch over the child, the court may enforce payment of the fixed sum or change the conditions.
Does section 77 create a new criminal offence for the guardian?
No. Section 77 only enforces a measure already imposed under section 74; it lets the court collect the fixed sum or reset the conditions, but it does not itself create a separate offence.